ECRC Grievance Procedure: Addendum for Title IX Discrimination

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Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in educational programs and activities that receive federal financial assistance. The Ohio University Title IX Coordinator oversees all university efforts to prevent and resolve discrimination under Title IX. To ensure compliance with Title IX and other federal and state civil rights laws, Ohio University has developed internal policies that prohibit discrimination on the basis of gender, and that prohibit sexual misconduct (See Ohio University Policy 40.001 Equal Employment and Educational Opportunity; Ohio University Affirmative Action Policy; and 03.004 Sexual Misconduct, Relationship Violence, and Stalking).

The Office of Equity and Civil Rights Compliance (ECRC) has primary responsibility for coordinating efforts for investigation, resolution, implementation of corrective measures, and monitoring the educational environment and workplace to stop, remediate, and prevent discrimination on the basis of sex.

Jurisdictional Statement

Complaints of Title IX discrimination will follow the ECRC Grievance Resolution Procedure, except where the Respondent in the allegation is a student, or where the complaint alleges a violation of the Ohio University Student Code of Conduct. Such complaints shall be handled pursuant to the
Student Sexual Misconduct, Relationship Violence and Stalking Procedures.

If the Respondent is a student, the investigator charged with resolving the issue shall follow the Student Sexual Misconduct, Relationship Violence, and Stalking Process. If the Respondent is both a student and an employee, the Title IX Coordinator or their designee will decide which process applies and promptly notify the involved parties.

Complaints of sex-based discrimination from a member of the University community against a staff member of the Office for Equity and Civil Rights Compliance shall be made to University Legal Affairs (See Ohio University Policy 03.004 Sexual Misconduct, Relationship Violence, and Stalking).

1) Definitions

Gender Discrimination or Gender Harassment
: Includes discrimination or verbal/physical harassment which is based on the person's gender but which is not sexual in nature. Ohio University's policies prohibit gender-based harassment, which may include discrimination or sexual misconduct on the basis of sexual orientation, gender identity or gender expression, and harassment or discrimination on the basis of sex-stereotyping.

Sexual Misconduct
: A range of behaviors including (but not limited to) sexual harassment, dating violence, domestic violence, stalking, nonconsensual sexual contact and non-consensual sexual intercourse. Definitions of offenses which would violate the University sexual misconduct policy are included in
policy 03.004.

VI. Make recommendations for corrective measures including training, counseling and/or discipline, when appropriate;

VII. Refer any recommendation for discipline to other units such as Human Resources and the Office of Legal Affairs for implementation in accordance with university policy;

VIII. Oversee implementation of corrective measures, which may include follow-up to ensure that appropriate action was taken to complete the recommended actions;

IX. If a university employee does not cooperate with the Title IX Coordinator, or does not adopt the Title IX Coordinator’s recommendations, the Title IX Coordinator shall bring the matter to the attention of the Executive Vice President and Provost and the Chief Human Resource Officer.

X. The Executive Vice President and Provost, in consultation with the Title IX Coordinator and the Office of Legal Affairs, and with the support of the President shall direct the employee to take appropriate corrective measures to ensure that discrimination is prevented from recurring and its effects on the Complainant and others are remedied.

In some circumstances, investigation and disposition of complaints may be referred to other offices within the University, such as University Human Resources or the Office of Community Standards and Student Responsibility. However, ultimate oversight remains with the Title IX Coordinator to coordinate and ensure the University's compliance with Title IX.

To assure University-wide compliance with this policy and with federal and state law, the ECRC office must be advised of all reported incidents of discrimination or sexual misconduct and must be notified of proposed resolution prior to the resolution or closure of the matter, regardless of where the complaint is brought or investigated. The ECRC office will monitor and coordinate the resolution of complaints by other offices with concurrent jurisdiction over Title IX discrimination or sexual misconduct.

3) Options for Resolution

Individuals making reports of discrimination or sexual misconduct generally have the options of informal dispute resolution, referral to other university offices or programs, formal investigation by the ECRC office, and of available resources outside the University process when appropriate. All options for resolution are detailed in the ECRC Grievance Resolution Procedure.

Ohio University encourages informal resolution options when the parties desire to resolve the situation cooperatively, or when inappropriate behavior does not rise to the level of violation of university policy as determined by the ECRC office, but nonetheless is adversely affecting the workplace or educational environment. Steps taken by the ECRC office to help the parties achieve informal resolution will be documented.

The Office of Equity and Civil Rights Compliance will conduct a formal investigation in response to reports of discrimination or sexual misconduct in cases where the Complainant does not wish to engage in informal resolution, where informal resolution is not appropriate, or in cases where attempts at informal resolution are unsuccessful. Some reports of discrimination or sexual misconduct may not be appropriate for informal resolution, but may require a formal investigation at the discretion of the Title IX Coordinator.

4) Confidential Resources

Ohio University provides some confidential resources on the Athens campus. Confidentiality is limited to health providers, counselors and psychologists in the employee assistance program and student health services; and the Survivor Advocacy Program. Because the content of discussions with confidential resources is not reported to an office of record, such discussions do not serve as notice to the University to address the alleged discrimination or sexual misconduct.

5) Annual Reporting

The ECRC office is responsible for maintaining records relating to discrimination or sexual misconduct reports, investigations, and resolutions. Records shall be maintained in accordance with university records policies, generally six years after the date the complaint is resolved. Records may be maintained for a longer period of time at the discretion of the Title IX Coordinator. All records pertaining to pending litigation or a request for records shall be maintained in accordance with instructions from university legal counsel. Requests for information should be directed to the Office of Legal Affairs.